Upgrade.Vet

USMC | DRB | 2009_Marine | MD0902384

Original file (MD0902384.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20090826

Characterization of Service Received:

Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:

Summary of Service

Prior Service:
Inactive:         USMCR (DEP)       20050217 - 20050410     Active:

Period of Service Under Review:
Date of Current Enlistment: 20050411     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20081008      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 28 D a y ( s )
Education Level:        AFQT: 56
MOS: 3521
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle Pistol (2)

Periods of UA :

NJP:

SCM:

- 20080617 :       Art icle (Drugs - marijuana)
         Sentence : ( 20080618-20080710, 23 days)

SPCM:

CC:

Retention Warning Counseling :

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

         “ UNDER OTHER THAN HONORABLE CONDITIONS ”

The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.

Types of Documents Submitted/reviewed

Related to Military Service:
                  DD 214:          Service / Medical Record:          Other Records:

Related to Post-Service Period:
         Employment:               Finances:                 Education /Training :
         Health/Medical Records:          Substance Abuse:                  Criminal Records:
         Family/Personal Status:                   Community Service:                References:
         Additional Statements :
                  From Applicant:          From Representat ion :               From Congress member :

         Other Documentation :

Pertinent Regulation/Law

A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present,
Paragraph 6210, MISCONDUCT .

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1. Applicant contends his misconduct was an isolated incident and that his service was otherwise honorable.

Decision

Date: 20 10 0902 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall .

Discussion

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al a ffairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant identif ied one decisional issue to the Board for consideration . The Board complete d a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included for of the UCMJ : Article ( Wrongful use, possession, etc. of controlled substance , , confirmed by positive result of urinalysis on 30 May 2008 ). Additionally, it was noted the Applicant had a pre-service drug waiver for using marijuana approximately 40 times prior to entering the Marine Corps . Based on the Article 112a violation , processing for administ rative separation is mandatory. When notified of a dministrative separation processing using the procedure, the Applicant exercised his right to consult with counsel but rights to submit a written statement and request an administrative separation board .

: (Decisional) ( ) . The Applicant contends the misconduct which precipitated his discharge was an isolated incident and that his service was otherwise honorable. The Board carefully reviewed all available documentation related to the Applicant’s service and administrative discharge records. It was noted that the Applicant did , in fact , have a n honorable record of service up to the third year of his enlistment in service , to include no documented offenses or punishments, good proficiency and conduct marks, and a successful co mbat deployment to Iraq . The Board also noted that the Applicant was allowed enlistment in the United States Marine Corps with a waiver for a pre-service civilian conviction of a serious offense and a waiver for pre-service illegal drug use (use of marijuana approximately 40 times). Upon consideration of all the facts and circumstances , the Board concluded that the administrative discharge and resultant characterization of service were proper though the Applicant ’s record contained just one documented violation of the UCMJ. The fact that he violated the Marine Corps’ zero tolerance policy on illegal drug use with full knowledge of the ramifications of such use and the fact that he needed an illegal drug use waiver to be allowed enlistment in the first place , led the Board to conclude that the Applicant’s misconduct did not warrant consideration as an isolated incident in an otherwise honorable record of service.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .

The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct .

ADDENDUM: Information for the Applicant

Complaint Procedures : If you believe the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000. You should read Enclosure (5) of the Instruction before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required. There are veterans organizations such as the American Legion and the Disable d American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities : The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the BCNR can make changes to reenlistment codes. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons. Only the BCNR can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

Issues Concerning Bad-Conduct Discharges (BCD ): Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB Board are recorded on the original of this document and may be obtained from the service records by writing to:

Secretary of the Navy Council of Review Boards
Attn: Naval Discharge Review Board
720 Kennon Street SE Rm 309
Washington Navy Yard DC 20374-5023

Similar Decisions

USMC | DRB | 2013_Marine | MD1301496

Original file (MD1301496.rtf) Auto-classification: Denied

The NDRB also viewed the entire service of the Applicant at his personal hearing and determined that a preponderance of the evidence supported discharge for violation of the Marine Corps drug policy, that separation from the Naval Service was appropriate, and that an Under Other Than Honorable Conditions characterization of service was warranted.Relief denied. The Board determined that the documentation submitted by the Applicant does show he is doing well as a civilian, but it does not...
USMC | DRB | 2015_Marine | MD1500356

Original file (MD1500356.rtf) Auto-classification: Denied

Based solely on the Applicant’s self-referral for treatment, the Separation Authority may not use the Applicant’s drug abuse in the determination of the Applicant’s characterization of service. Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and discharge process, the Board found Therefore, the awarded characterization of service shall change to GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for...
USMC | DRB | 2013_Marine | MD1301776

Original file (MD1301776.rtf) Auto-classification: Denied

Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document review has been conducted, former members are...
USMC | DRB | 2014_Marine | MD1401284

Original file (MD1401284.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: MISCONDUCT IN VIOLATION OF A DIRECT ORDER Summary of Service Prior Service: Inactive:USMCR (DEP)20060817 - 20070805Active:Pre-Service Drug Waiver: Period of Service Under Review: Date of Current Enlistment: 20070806Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20110408Highest Rank:Length of Service: Year(s)Month(s)02 Day(s)Education Level: AFQT:61MOS: 1391Proficiency/Conduct Marks (# of...
USMC | DRB | 2014_Marine | MD1401409

Original file (MD1401409.rtf) Auto-classification: Denied

However, the Applicant’s record also shows that he enlisted in the Marine Corps with a drug waiver for ten times marijuana use, had a counseling warning for being intoxicated and missing morning formation, and had one NJP for falling asleep on post in Afghanistan, and another NJP for drug abuse; cocaine. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15...
USMC | DRB | 2015_Marine | MD1401575

Original file (MD1401575.rtf) Auto-classification: Denied

- 20121018: Article (Failure to obey order or regulation) Awarded: Suspended: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge.
USMC | DRB | 2013_Marine | MD1300099

Original file (MD1300099.rtf) Auto-classification: Denied

: (Nondecisional) The Applicant seeks to reenlist.Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits, and this issue does not serve to provide a foundation upon which the Board can grant relief.Summary: After a thorough review of...
USMC | DRB | 2010_Marine | MD1001524

Original file (MD1001524.rtf) Auto-classification: Denied

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Reenlistment/RE-code : Since the NDRB has no jurisdiction...
USMC | DRB | 2013_Marine | MD1301495

Original file (MD1301495.rtf) Auto-classification: Denied

On 20090729 SNM was observed operating a POV and in by doing so disregarded restriction policy limits set forth Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From...
USMC | DRB | 2011_Marine | MD1100577

Original file (MD1100577.rtf) Auto-classification: Denied

The Applicant’s service record contains a complete copy of the administrative discharge package, which was reviewed to ensure the Applicant was afforded all rights as provided in the Marine Corps Separation and Retirement Manual (MARCORSEPMAN).The Applicant was notified - in writing - of the Command’s intent to process the Applicant for administrative separation for Misconduct (Drug Abuse) in accordance with paragraph 6210.5 of the MARCORSEPMAN. He further directed that, upon his discharge,...

Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0902384

Similar Decisions